BRRL Incorporation

7/31/2019 BRRL Incorporation

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Bill of Rights for Real Life:The Incorporation Doctrine

The curriculum, The

Bill of Rights for RealLife, was madepossible by a

generous grant fromthe Cortopassi

Institute.


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The Bill of Rights

for Real Life

Designed for less academically-

inclined high school students

21 core lesson plans 8th GradeReading Level

Strong literacy/media literacycomponent

Research-based best teaching practices


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Unit Introduction

Essay8th grade level

LessonOverviewStandardsObjectivesMaterials

Lesson PlanHandouts

DVDIntroductionReinforcement

ReviewExtension Options

HomeworkExtensions

Real Life Portal

Back of the Book ResourcesAnswer Key (pgs. 205-218)Reading Quizzes (pgs. 221-241)Landmark Sup. Court Cases (pgs. 245-257)DVD Guides (pgs. 261-266)Glossary (pgs. 269-273)Educational Resources (pgs. 277-280)Legal Experts & Scholars (pgs 283-289)

Parent Letter (p. 290)


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Common Core State Standards for English Language Arts &Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts,

including the application of constitutional principles anduse of legal reasoning (e.g., in U.S. Supreme Courtmajority opinions and dissents) and the premises,purposes, and arguments in works of public advocacy

(e.g., The Federalist, presidential addresses).9. Analyze seventeenth-, eighteenth-, and nineteenth-

century foundational U.S. documents of historical andliterary significance (including The Declaration of

Independence, the Preamble to the Constitution, the Bill ofRights, and Lincolns Second Inaugural Address) for theirthemes, purposes, and rhetorical features.


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The process by which the Supreme Court has used the

due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:

Guaranteeing Rights

1. incorporation

2. federalization

3. privileges and immunities

4. naturalization

5. Not sure


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6

Incorporation Unit, p. 187


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Incorporation:

the application

of parts of the Bill of Rights

to the states

through the Due ProcessClause of the

Fourteenth Amendment

The Bill of Rights and Incorporation


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The Bill of Rights and Incorporation, p. 187

Justice Hugo Black argued for totalincorporation:

The words No State shall make orenforce any law which shall abridgethe privileges or immunities ofcitizens of the United States seem tome an eminently reasonable way ofexpressing the idea that henceforththe Bill of Rights shall apply to the

States. (p. 230) Justice Hugo Black,(concurring) Duncan v. Louisiana(1968)

However, the Court took the path of

selective incorporation.


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9

Incorporation Unit

Key Terms, p. 190

Background Essay, p. 191

Flow Chart, p. 193


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10

Incorporation Unit

GraphicOrganizers

for classactivities& guided

practice


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Questions, p. 193

Is an essential or fundamental right being denied by a state?Is incorporating the only way to ensure the right will be

protected?

If the answer to both questions is YESthe FourteenthAmendment is used to incorporate the concept and applyit to the states to protect a fundamental right.



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Read the background essay for Lesson 1, pp. 191-192.

Review student activities on pp. 193-195.Discuss with a partnerhow would these activities work for

your students?Read the background essay for Lesson 2, pp. 198-199.

Review student activities on pp. 200-202.Discuss with a partnerhow would these activities work foryour students?



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Early Incorporation CasesYear Case Amendment/

Fundamental Right1897 Quincy Railway Co. v. Chicago 5th -takings clause

1925 Gitlow v. New York 1st -political speech

1931 Near v. Minnesota 1st -press

1937 DeJonge v. Oregon 1st -peacefulassembly/petition

1940 Cantwell v. Connecticut 1st -free exercise ofreligion

1947 Everson v. Board of Education 1st -establishment ofreligion

1948 In re Oliver 6th-public trial

1949 Wolf v. Colorado 4th-search and seizure

1958 NAACP v. Alabama 1st-freedom of association


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Later Incorporation CasesYear Case Amendment/ Fundamental Right

1961 Mapp v. Ohio 4thexclusionary rule1962 Robinson v. California 8th -cruel & unusual punishment

1963 Gideon v. Wainwright 6th -right to counsel in all felony cases

1964 Malloy v. Hogan 5th -self-incrimination

1965 Pointer v. Texas 6th -confront witnesses1965 Griswold v. Connecticut Penumbra of 1,3,4,5- privacy

1966 Parker v. Gladden 6th- impartial jury

1967 Klopfer v. N. Carolina 6th -speedy trial

1967 Washington v. Texas 6th-compulsory process to obtain witnesses

1968 Duncan v. Louisiana 6th -jury trial in non-petty cases

1969 Benton v. Maryland 5th -double jeopardy

1972 Argersinger v. Hamlin 6th-counsel in all criminal cases involving jail term

2010 McDonald v. Chicago 2nd-individual right to handguns


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The process by which the Supreme Court has used the

due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:

Guaranteeing Rights

1. incorporation

2. federalization

3. privileges and immunities

4. naturalization

5. Not sure


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in your classroom

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BRRL Incorporation

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